Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2136 of 2019 Arising Out of PS. Case No.-407 Year-2017 Thana- ALOULI District- Khagaria ====================================================== Rohit Kumar, son of Kamlesh Yadav @ Kamleshwari Yadav Resident of Village - Alauli Chharraparty, P.S.Alauli, District-Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 03.08.2018 in connection with Alauli P.S.Case No.407 of 2017 for the offence alleged under Sections 398/414 of the Indian Penal Code and Sections 25(1B)A/26/35 and 27 of the Arms Act.

The prosecution case as lodged by the informant is that while the informant along with his family members was sleeping in the house, the door was knocked and when he opened, he found 3-4 persons carrying a pump-set from his house on which he raised alarm. Thereafter accused fired and fled away from the place with the motorcycle. On alarm being raised, the villagers gathered and caught three persons, two were beaten to death and another co-accused, who was caught,

Patna High Court Cr.Misc. No.2136 of 2019(2) dt.16-01-2019 2/3 namely, Laxman Yadav revealed the name of the petitioner and other co-accused to be his associates.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and the confessional statement of the co-accused is not reliable. He further submits that he is languishing in judicial custody since more than five months and a sympathetic consideration be given.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and one more case is pending against him. Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Alauli P.S.Case No.407 of 2017 to the satisfaction of CJM, Khagaria, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

Patna High Court Cr.Misc. No.2136 of 2019(2) dt.16-01-2019 3/3 (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U